Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing bodies - District licensing committees

198: Delegation of functions, duties, or powers of chief executives

You could also call this:

"Chief executives can give others some of their jobs to do with permission from the territorial authority."

If you are a chief executive, you can give someone else the power to do some of your jobs, as long as you have the permission of the territorial authority. You can choose which jobs to give to someone else and you can give them all the power to do those jobs. When you give someone else the power to do your jobs, you must write it down and say exactly what jobs you are giving them.

You must keep a copy of the written permission in the territorial authority's office, so people can look at it during business hours. If you give someone the power to do a job, they can do it in the same way as you would, and it has the same effect. When you give someone the power to do a job, it keeps going until you take it away.

If someone seems to be doing a job because you gave them the power to do it, people will assume they are doing it correctly, unless someone can prove they are not. You can take away the power to do a job at any time, and you must write it down when you do. You can also put conditions on the power to do a job, which means you can say how it must be done.

You can look at similar rules in s 104 to learn more about how this works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339689.


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197: Licensing inspectors, or

"People who check if alcohol sellers are following the rules"


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199: Annual report, or

"A yearly report on how alcohol licences are managed in your area, available for you to see."

Part 2Sale and supply of alcohol generally
Licensing bodies: District licensing committees

198Delegation of functions, duties, or powers of chief executives

  1. While he or she has the territorial authority's general authority to do so, a chief executive may delegate to any person, either generally or particularly, any of the chief executive's functions, powers, and duties under this Act.

  2. The chief executive must not delegate a general power of delegation.

  3. A person to whom a chief executive delegates a function, power, or duty under subsection (1) may delegate the function, power, or duty only with the prior written consent of the chief executive.

  4. A delegation—

  5. must be in writing; and
    1. may be made subject to any restrictions and conditions that the chief executive thinks fit; and
      1. must state each function, power, or duty being delegated; and
        1. is revocable at any time, in writing; and
          1. does not prevent the performance of a function or duty or exercise of any power by the chief executive.
            1. Copies of all delegations must be kept in the office of the territorial authority and be available for inspection during ordinary business hours.

            2. A person to whom any functions, duties, or powers are delegated may perform those functions and duties and exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

            3. Until a delegation is revoked, it continues in force according to its tenor.

            4. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

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